Objectives for Week Eight
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Discuss Midterm Exam
The Role of the Courts in a Federal System
Litigation Strategy Within a Federal System
Key Constitutional Clauses and Amendments
Recent Federalism Cases
When Federalism Case Comes
Under Domain of Supreme Court
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Rule of Four
Case or controversy; ripe for review; suitable for
judiciary to address
Cases involving Congressional action or where
state court implicates federal law
Controversies between states
Cases involving treaties and ambassadors
Taking Cases to the Court
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Advantages
Provides opportunity for political minorities
 Rulings can have sweeping effects
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Disadvantages
Backlash
 Time and resource investment
 Unpredictable
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Which actors should bring
cases to the Court?
How do you define “relief ”
in a legal setting?
Inadequacy of urban
education:
If you were to bring a case to
court, what kind of relief
would you want?
Commerce Clause
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Congress has the power to “regulate commerce
with foreign nations and among the several
states . . .”
Channels of Commerce
 Instrumentalities of Interstate Commerce
 Activities having a substantial relation to interstate
commerce
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Necessary and Proper Clause
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Congress has the authority to “make all laws
which shall be necessary and proper for carrying
into execution,” its delegated powers
10th Amendment –
Reserved Powers
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“The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or
to the people.”
Cannot act to impair a state’s ability to perform
its “traditional functions”
Defining what is “traditional”
11th Amendment – State
Immunity from Suits
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“The Judicial power of the United States shall
not be construed to extend to any suit in law or
equity, commenced or prosecuted against one of
the United States by Citizens of another State,
or by Citizens or Subjects of any foreign state.”
Commerce Clause Cases
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Gibbons v. Ogden (1824)
NLRB v. Jones & Laughlin (301 U.S. 1) 1937
Wickard v. Filburn (317 U.S. 111) 1942
U.S. v. Darby (312 U.S. 100) 1941
U.S. v. Lopez (514 U.S. 549) 1995
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Gun-free School Zone Law: illegal to possess a
gun within 1,000 feet of a school
Were there limits to Congress’ power to regulate
commerce?
Did Congress meet the Commerce Clause tests
at time of legislative enactment?
U.S. v. Morrison –
Violence Against Women Act
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Laws authorizes victims of rape or domestic
violence can sue assailants in federal court for
violation of civil rights
Is this a legitimate use of the Commerce Clause
power?
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Seminole Tribe v. Florida (517 U.S. 44) 1996
 Indian Gaming Regulatory Act: Tribes allowed to sue state
government, if state was not negotiating casino matters in
good faith.
Alden v. Maine (1999)
 Can state workers go to state court to sue a state for violating
federal labor law?
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Amendment Cases
Does restriction on Congress to grant suits in federal courts extend to
state courts?
College Savings Bank v. Florida Prepaid Postsecondary
Educational Expense Board
West v. Gibson
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National League of Cities v. Usery (426 U.S. 833) 1976
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Is Congress responsive to state government?
New York v. U.S. (505 U.S. 144) 1992
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Can federal minimum wage and overtime laws be extended to state
government employees?
Garcia v. San Antonio Metro Transit Auth. (469 U.S. 528) 1985
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Amendment Cases
Can Congress force a state to dispose of low-level radioactive waste
generated within that state?
Can Congress compel a state to enforce a federal regulatory program?
Printz v. New York (521 U.S. 98) 1997
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Brady Handgun Violence Protection Act: States required to perform
background checks.
Violation of 10th Amendment? Legitimate use of Commerce Clause?
Implications of Recent Trends
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Set precedent for lower courts to follow
Signal to Congress and state government
Encourage other challenges
Avenues for recourse are at the state level
Potential for greater heterogeneity
Creates potential issues for candidate and party
platforms
Role of the Court
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Blackmun: “States’ sovereign interests [are] more
properly protected by procedural safeguards inherent in
the structure of the federal system than by judicially
created limitations on federal power.”
Scalia: The Supreme Court has a duty to maintain a
“healthy balance of power between the states and the
federal government.”
When Does a Court Decision
Have A Lasting Impact?
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Apply a rule or precedent consistently and
frequently
Define or assign responsibility and
accountability
Transform procedures
Shape Institutions
Defining “suspect” or vulnerable groups in
society
California’s Position on
Residency Requirements
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Congress intended to prevent welfare magnets
Lower-benefit status is not a permanent classification
Impact on right to travel is remote
Residency requirements are a compelling state interest
Migrants are no worse off – not a significant penalty
Saenz v. Roe
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What did the Supreme Court decide?
What is the threshold for “taking” from a state?
Can you think other situations when states can
block or inhibit entry? Treat in-migrants or
visitors differently?
Readings for Next Time:
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Readings on Mall Expansion & Empire Zones
Chapter Two, Politics in the American States, Gray
et al. (pp. 52-60)
"Representing Urban Interests," Scott Allard,
Nancy Burns, Gerald Gamm, Studies in American
Political Development, Fall 1998
"Emerging Trends in State-Local Relationships,"
Beverly A. Cigler